This paper discusses basic concepts and recentdevelopments in intellectual property ownership in theUnited States. Various philosophical arguments havepreviously been put forward to support the creation andmaintenance of intellectual property systems. However, in an age of information, access toinformation is a critical need and should beguaranteed for every citizen. Any right of controlover the information, adopted as an incentive toencourage creation and distribution of intellectualproperty, should be subservient to an overriding needto ensure access to the information. The principlesunderlying intellectual property regimes (...) in the UnitedStates recognize and embody this. In addition, thephilosophical/ethical dimensions of this debate couldalso be structured to support this attitude as well. Intellectual property is fast becoming digitalproperty. New technologies allow owners to extendtheir control of both legitimate uses and misuses ofthe intellectual property. Recent trends demonstratethat the access principle has not always beenparamount in judicial or legislative applications. Thetrend rather is to allow a proprietarianism factor todominate the analysis. Finally, several principles areforwarded which would assist adjudicators and policymakers in reaffirming the basic purpose of theintellectual property law, which is to benefit thepublic at large. (shrink)

This article explores recent developments inthe regulation of Internet speech, inparticular, injurious or defamatory speech andthe impact the attempts at regulation arehaving on the `body' in the sense of theindividual person who speaks through the mediumof the Internet and upon those harmed by thatspeech. The article proceeds in threesections. First, a brief history of the legalattempts to regulate defamatory Internet speechin the United States is presented; a shortcomparative discussion of defamation law in theUK and Australia is included. As discussedbelow, this (...) regulation has altered thetraditional legal paradigm of responsibilityand, as a result, creates potential problems forthe future of unrestricted and even anonymousspeech on the Internet. Second, an ethicalassessment is made of the defamatory speechenvironment in order to determine which actorshave moral responsibility for the harm causedby defamatory speech. This moral assessment iscompared to the developing and anticipatedlegal paradigm to identify possible conformityof moral and legal tenants or to recognize theconflict between morality and law in assigningresponsibility to defamatory actors. Thisassessment then concludes with possiblesuggestions for changes in the legal climategoverning the regulation of defamatory speechon the Internet, as well as prediction of theresult should the legal climate continue todevelop on its present course. This is not tosuggest that all law, or even the law ofdefamation, be structured to reflect thesubjectivity of a moral construct, but since itis the authors position that the legalassignment of liability in online settings ismisaligned, this reflection can serve asbeginning reassessment of that assignment. (shrink)

Dr. McCracken’s book is partly historical and partly analytical. It opens with as good a summary of Irish history from the founding of the Gaelic League in 1893 until the general election of 1918 as one could wish for. The resounding victory won by Sinn Féin in 1918 prepared the way for the first and second Dáil, whose membership is here analysed from the standpoints of age, religion, education and occupation with some interesting results. As the later parliaments are given (...) similar treatment we may use them here as a basis of comparison in our summary of Dr. McCracken’s results from 1919-21. (shrink)

Summary Descartes' two treatises of corpuscular-mechanical natural philosophy—Le Monde (1633) and the Principia philosophiae (1644/1647)—differ in many respects. Some historians of science have studied their significantly different theories of matter and elements. Others have routinely noted that the Principia cites much evidence regarding magnetism, sunspots, novae and variable stars which is absent from Le Monde. We argue that far from being unrelated or even opposed intellectual practices inside the Principles, Descartes' moves in matter and element theory and his adoption of (...) wide swathes of novel matters of fact, were two sides of the same coin—that coin being his strategies for improving the systematic power, scope and consistency of the natural philosophy presented in the Principia. We find that Descartes' systematising strategy centred upon weaving ranges of novel matters of fact into explanatory and descriptive narratives with cosmic sweep and radical realist Copernican intent. Gambits of this type have recently been labelled as ‘cosmographical’ (the natural philosophical relating of heavens and earth in contemporary usage). Realist Copernican natural philosophers, from Copernicus himself, through Bruno, Gilbert and Galileo did this to varying degrees; but, we suggest, Descartes presented in Books III and IV of the Principia the most elaborate and strategically planned version of it, underneath the ostensible textbook style of the work. (shrink)

An individual's health, genetic, or environmental-exposure data, placed in an online repository, creates a valuable shared resource that can accelerate biomedical research and even open opportunities for crowd-sourcing discoveries by members of the public. But these data become “immortalized” in ways that may create lasting risk as well as benefit. Once shared on the Internet, the data are difficult or impossible to redact, and identities may be revealed by a process called data linkage, in which online data sets are matched (...) to each other. Reidentification, the process of associating an individual's name with data that were considered deidentified, poses risks such as insurance or employment discrimination, social stigma, and breach of the promises often made in informed-consent documents. At the same time, re-ID poses risks to researchers and indeed to the future of science, should re-ID end up undermining the trust and participation of potential research participants. The ethical challenges of online data sharing are heightened as so-called big data becomes an increasingly important research tool and driver of new research structures. Big data is shifting research to include large numbers of researchers and institutions as well as large numbers of participants providing diverse types of data, so the participants’ consent relationship is no longer with a person or even a research institution. In addition, consent is further transformed because big data analysis often begins with descriptive inquiry and generation of a hypothesis, and the research questions cannot be clearly defined at the outset and may be unforeseeable over the long term. In this article, we consider how expanded data sharing poses new challenges, illustrated by genomics and the transition to new models of consent. We draw on the experiences of participants in an open data platform—the Personal Genome Project—to allow study participants to contribute their voices to inform ethical consent practices and protocol reviews for big-data research. (shrink)

As the National Information Infra- structure develops new avenues for information products and services will open. Creating, identifying and protecting the information market space is a critical component to the success of information product and service developments. As a result, the producers of those products and service seek to protect their proprietary interest in the underlying information. However, these actions have broader consequences: Attempts to extend legal protection to basic facts and other public domain information demonstrate that the public information (...) space is slowly being reduced. Reviewing several information controversies as case studies is fruitful. Not only for assessing current trends in information disputes (warfare) but can form the basis for establishing several predictors useful in determining when future information ownership controversies may develop and result in the loss of public information space. One set of predictors helps define the information controversy and is descriptive. The second set of predictors characterizes the marketplace environment. It provides further nuance to the economic factors that force information owners to seek legal remedy. Identifying instances where both models suggest a change in information rights or ownership is most likely to result in the critical loss of access to public information space. (shrink)

: Pharmacogenetics offers the prospect of an era of safer and more effective drugs, as well as more individualized use of drug therapies. Before the benefits of pharmacogenetics can be realized, the ethical issues that arise in research and clinical application of pharmacogenetic technologies must be addressed. The ethical issues raised by pharmacogenetics can be addressed under six headings: regulatory oversight, confidentiality and privacy, informed consent, availability of drugs, access, and clinicians' changing responsibilities in the era of pharmacogenetic medicine. We (...) analyze each of these categories of ethical issues and provide policy approaches for addressing them. (shrink)

It seems to me that those who place great value on the right to human freedom can be badly divided on the question of the use of force by states to defend the liberties of those who are not citizens of that particular state. Concerned about the liberties to be defended, they might be enthusiastic supporters of the use of such force by liberty-loving countries throughout the world. Concerned about the liberties that might be violated when the state marshals its (...) forces for use internationally, they might adopt a more isolationist approach to this issue. This paper is an attempt to help clarify this conflict by looking at some of the philosophical issues it raises. Because I wish to avoid factual debates about current conflicts, I will give no real-life examples. However, they are on my mind, and I hope the reader will keep them in mind as well. (shrink)

Baruch Brody contends that the fundamental assumption on which the tradition is based is erroneous and that once this assumption is shown to be in error, all philosophical problems in this area have to be rethought. Originally published in 1980. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback (...) and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

This paper distinguishes four major types of futility (physiological, imminent demise, lethal condition, and qualitative) that have been advocated in the literature either in a patient dependent or a patient independent fashion. It proposes five criteria (precision, prospective, social acceptability, significant number, and non-agreement) that any definition of futility must satisfy if it is to serve as the basis for unilaterally limiting futile care. It then argues that none of the definitions that have been advocated meet the criteria, primarily because (...) their proponents have not paid sufficient attention to the problematic nature of the data supporting the use of their definitions. (shrink)

"When it comes to morality as it is practiced in medicine, Brody makes clear that the ethical issues are never as simple as black and white - that there are myriad factors and fine nuances that can and should challenge decision making as it is commonly practiced in difficult medical cases. In this collection, delving thoughtfully and systematically into methodology, research ethics, clinical ethics, and Jewish medical ethics, he tackles thorny life-and-death questions head-on and fearlessly. He casts a light (...) into all the corners of end-of-life decisions - a field in which he has exemplary credentials - while illuminating a new understanding of morality and ethics." "The introduction outlines much of Brody's approach, defines the terminology used, and contrasts his ethical positions with much of the competing literature, Taking Issue will be invaluable to students and scholars in medical ethics, bioethics, and the philosophy of medicine." "Baruch A. Brody is the Leon Jaworski Professor Biomedical Ethics and director of the Center for Medical Ethics and Health Policy at Baylor College of Medicine. He is also a professor of philosophy at Rice University and director of the Ethics program at the Methodist Hospital."--BOOK JACKET. (shrink)

Empirical research can aid ethical reflection in bioethics by identifying issues, by seeing how they are currently resolved, and by assessing the consequences of these current resolutions. This potential can be misused when the ethical issues in question are fundamentally non-consequentialist or when they are consequentialist but the empirical research fails to address the important consequences. An example of the former problem is some recent studies about bad consequences resulting from commercialized living kidney donor programs. These consequences could be avoided, (...) but the crucial non-consequentialist ethical issues about exploitation and commercialization would still remain. Examples of the latter problem are provided by recent studies of the allocation of ICU beds and of physician deception, where important consequences were not adequately studied. (shrink)

Knight has shown how the moral growth of medical students involves a spiritual journey. He may, however, present too sanguine a portrayal of the extent to which the medical education environment promotes this moral and spiritual growth. Medical school may indeed be more abusive than supportive. Admitting more women to medical school and teaching more humanities courses, while worthwhile, will not necessarily promote the goals that Knight appropriately advocates.

A broad critical review of national policies on biomedical research - human, epidemiologic, clinical trials, genetic, reproductive, etc.

Integrating theory with case studies, this book examines the practical application of moral theory in clinical decision-making through 40 composite cases based on actual clinical experience. Complex, realistic, and challenging, these examples contain the multiplicity of factors faced in clinical crises, making this a superb exploration of the ways in which theory relates to actual life-or-death situations.

This paper identifies four major forms of scholarship in bioethics: empirical research, the articulation of mid-level principles of bioethics, the relating of these principles to fundamental moral theories, and discussions of the bioethical implications of legal principles and health delivery policies. It develops a reflective equilibrium approach to the relation between these four forms of scholarship. It then presents, in light of this approach, criteria for quality research in each of these forms of scholarship in bioethics. Keywords: quality of scholarship, (...) reflective equilibria in bioethics, research in bioethics CiteULike Connotea Del.icio.us What's this? (shrink)

New edition (previously 1971) of an anthology for an undergraduate course. Comprises four parts: theories, explanation and causality, confirmation of scientific hypotheses, selected problems of particular sciences. Annotation copyrighted by Book News, Inc., Portland, OR.

: The European patent system allows for the introduction of moral issues into decisions about the granting of patents. This feature has greatly impacted European debates about the patenting of biotechnology. This essay explores the European experience, in both the European Union and the European Patent Organization. It argues that there has been great confusion surrounding these issues primarily because the Europeans have not developed a general theory about when exclusion from patentability is the best social mechanism for dealing with (...) morally offensive technologies. (shrink)

In this paper, I consider a variety of objections against the covering-law model of scientific explanation, show that Aristotle was already aware of them and had solutions for them, and argue that these solutions are correct. These solutions involve the notions of nonHumean causality and of essential properties. There are a great many familiar objections, both methodological and epistemological, to introducing these concepts into the methodology of science, but I show that these objections are based upon misunderstandings of these concepts.

This anthology brings together 59 classic and contemporary readings on the philosophy of religion which stress, in particular, the analytical viewpoint.

Recent years have witnessed a proliferation of philosophical discussion about such concrete moral issues as just war, distribution of food aid, euthanasia, reverse discrimination, etc. Much of this discussion implicitly assumes that there are true and false positions on these issues, valid or invalid arguments for these positions, etc. Recent years have not witnessed, however, a proliferation of philosophical defenses of these assumptions. With the decline of metaethical discussions, these assumptions have remained just assumptions rather than the conclusions of a (...) philosophical argument. (shrink)

In a recent article (Brody 2010), I analyzed the debates surrounding charges of biopiracy, that is, charges that developed countries use biotechnology patents to expropriate the biological/genetic heritage of less developed countries. Such charges often are accompanied by the additional charge that biotechnology patents are used to expropriate the traditional knowledge about the use of these resources possessed by indigenous communities in less developed countries. It is this second charge that is the focus of this essay, which will develop (...) both narrative and normative claims. The narrative claim is that various context specific principles about justice relating to traditional knowledge were adopted during the .. (shrink)

The issue of biopiracy has attracted considerable attention in recent years. The Convention on Biological Diversity adopted a principle of state sovereignty over biological resources and the genetic information contained within those resources to address this issue. It is argued that this principle has not been adequately justified and that there are other solutions to the issue of biopiracy, based on different theories of justice, that deserve greater consideration. These alternatives include the common heritage of mankind principle and the global (...) commons principle. (shrink)

Book reviewed in this article: Morality, Mortality: Death and Whom to Save from It. By Frances Kamm.

There is a growing interest in comparison of international health care data with the hope that such studies will enable individual systems to learn from other systems. Such comparisons, however, presuppose that there exist common criteria for evaluating health care systems. The main thesis of this paper is that these comparative studies are misleading because they employ inappropriate operationalizations of these criteria because the operarionalizations are based upon mistaken global conceptualizations of the criteria in question. The essay provides a methodological (...) critique of what has been done and sets a new agenda for future research. (shrink)

A social study of "An essay concerning human understanding." Includes bibliographical references and index.

The status and justification of quantum logic are reviewed. On the basis of several independent arguments it is concluded that it cannot be a logic in the philosophical sense of a general theory concerning the structure of valid inferences. Taken as a calculus for combining quantum mechanical propositions, it leaves a number of significant aspects of quantum physics unaccounted for. It is shown, moreover, that quantum logic, far from being more general than Boolean logic, forms a subset of a slight (...) and natural extension of Boolean logic, a subset which corresponds to incomplete statements. The philosophical background of this unsatisfactory state of affairs is briefly explored. (shrink)